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IX. 12.

Josephie Marmo, Nestor Esguerra, Danilo Del Pilar, Marisa Del Pilar vs Moises Anacay
182585/ Nov 27, 2009 / Brion, J.
Topic: Appeals
Doctrine: 1. No appeal may be taken from an interlocutory order
2. An Order denying a Motion to Dismiss is interlocutory; Only when the court issues an order
outside or in excess of jurisdiction or with grave abuse of discretion and the remedy of appeal would not
afford adequate and expeditious relief will certiorari be considered an appropriate remedy to assail an
interlocutory order
Facts:
1. Respondent Moises Anacay filed a case for Annulment of Sale, Recovery of Title with Damages
against petitioners and the Register of Deeds of the Province of Cavite.
2. The complaint stated that, respondent is the bona-fide co-owner (w/deceased wife) of the subject
50-sqm land and the house built thereon, that they authorized petitioner Josephine Marmo to sell
the property.
a. Petitioner Marmo was able to sell the house to petitioner Danilo Del Pilar on installements.
b. Petitioner Del Pilar defaulted in his installment payments.
c. Respondent subsequently discovered that the TCT had been cancelled and a new TCT was
issued in petitioner Marmos name by virtue of a falsified Deed of Absolute Sale.
d. That petitioner Marmo subsequently transferred her title in petitioner Del Pilars name
e. Respondent sought the annulment of the Deed of Absolute Sale and the cacenllation of the
TCT, or, in the alternative, he demanded petitioner Del Pilars payment of the balance with
interest
3. Petitioner Marmo and Del Pilar filed an Answer, averrig that the respondents children, as co-owners
of the subject property, should have been included as plaintiffs because they are indispensable
parties.
4. During the pre-trial conference, the petitioners filed a Motion to Dismiss for the failure to include his
children as indispensable parties.
5. Respondent filed an opposition, arguing that his children are not indispensable parties because the
issue can be resolved without their participation in the proceedings.
6. RTC denied the petitioners motion to dismiss
7. Petitioners elevated the case to the CA through a petition for certiorari under rule 65, charging the
RTC with grave abuse of discretion amounting to lack of jurisdiction in denying the motion to dismiss.
8. CA dismissed the petition on the ground that the RTC did not commit any grave abuse of discretion
9. Petitioners argue that respondents children, who succeeded their deceased mother as co-owners of
the property, are indispensable parties because a full determination of the case cannot be made
without their presence.
Issue: WoN the CA correctly ruled that the RTC did not commit any grave abuse of discretion in ruling
that the respondents children are not indispensable parties.
Held: Yes
General Rule: The denial of a motion to dismiss is an interlocutory order which is not the proper
subject of an appeal or a petition for certiorari.
Sec 1, Rule 41, RoC governs appeals from the RTC to the CA.
o An appeal may be taken only from a judgment or final order that completely disposes of
the case, or of a matter therein when declared by the Rules to be appealable.
o It explicitly states as well that no appeal may be taken from an interlocutory order.
In law, the word "interlocutory" refers to intervening developments between the commencement of
a suit and its complete termination; hence, it is a development that does not end the whole
controversy.
o An "interlocutory order" merely rules on an incidental issue and does not terminate or
finally dispose of the case; it leaves something to be done before the case is finally decided
on the merits.
An Order denying a Motion to Dismiss is interlocutory
o because it does not finally dispose of the case, and, in effect, directs the case to proceed
until final adjudication by the court.
o Only when the court issues an order outside or in excess of jurisdiction or with grave abuse
of discretion, and the remedy of appeal would not afford adequate and expeditious relief,
will certiorari be considered an appropriate remedy to assail an interlocutory order.
In the present case, since the petitioners did not wait for the final resolution on the merits of Civil
Case No. 2919-03 from which an appeal could be taken, but opted to immediately assail the RTC
Orders dated March 14, 2006 and May 8, 2006 through a petition for certiorari before the CA, the
issue for us to address is whether the RTC, in issuing its orders, gravely abused its discretion or
otherwise acted outside or in excess of its jurisdiction.